United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/10961/2016

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 9 th August 2017	On 15 th August 2017

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE GRIMES

 

Between

 

mr younes fecih

(ANONYMITY DIRECTION not made)

Appellant

 

and

 

ENTRY CLEARANCE OFFICER - PARIS (ALGIERS)

Respondent

 

Representation :

 

For the Appellant: Mrs Susan Fecih, the Sponsor

For the Respondent: Mr S Whitwell, Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1.              The Appellant, a national of Algeria, appealed to the First-tier Tribunal against the decision of the Entry Clearance Officer dated 24 ^th March 2016 to refuse his application for entry clearance to the UK under Appendix FM of the Immigration Rules as the partner of Susan Fecih. First-tier Tribunal Judge Graves considered the appeal on the papers and dismissed the appeal in a decision dated 11 ^th January 2017. The Appellant now appeals with permission to this Tribunal.

2.              The Grounds of Appeal contend that the Appellant sent documents to the Tribunal for consideration by the judge and that these documents were received by the Tribunal on 20 ^th December 2016. However it is clear from the judge's decision that these papers were not before the judge when she reached her decision on 11 ^th January 2017. It is contended that this administrative error led to procedural unfairness.

3.              In granting permission First-tier Tribunal Judge Grimmett considered it arguable that there was a procedural unfairness in light of the fact that it was likely that the original bundle went astray. In the Rule 24 notice dated 13 ^th July 2017 the Respondent indicated that she does not oppose the Appellant's application for permission to appeal and invites the Tribunal to remit the appeal for a fresh hearing before the First-tier Tribunal.

4.              At the hearing before me Mr Whitwell indicated that he had nothing to add to the Rule 24 notice. He accepted that there was a procedural irregularity in this case which means that the decision has to be re-made.

5.              A procedural irregularity had occurred and the Appellant has not yet had a proper hearing in the First-tier Tribunal. In these circumstances I considered it appropriate, and the parties agreed, that the matter be remitted to the First-tier Tribunal for a fresh hearing. Mrs Fecih advised that she would prefer this to be undertaken by way of an oral hearing.

Notice of Decision

6.              The decision of the First-tier Tribunal contains a material error of law. I set it aside. The appeal is remitted to the First-tier Tribunal.

7.              No anonymity direction is made.

 

 

Signed Date: 14 ^th August 2017

 

 

Deputy Upper Tribunal Judge Grimes